van Rooi and Another v Izinyoni Trading 271 (Pty) Ltd and Another (LCC 2022/73)
van Rooi and Another v Izinyoni Trading 271 (Pty) Ltd and Another (LCC 2022/73) [2023] ZALCC 26 (17 August 2023)
The court found that the applicants were unlawfully evicted from their homestead on land owned by the Hans Coetzee Trust, without a valid court order as required by ESTA and the Constitution. The second respondent, acting on behalf of the Trust, orchestrated the eviction and demolition of the homestead, relying on false representations of a court order to the police, who assisted in the eviction and detention of the applicants. Despite citation errors regarding the land and respondents, the substantive facts established that the applicants were entitled to restoration and reinstatement of occ…
Source excerpt
- Extension Of Security Of Tenure Act
- Unlawful Eviction
- Rei Vindicatio
- Constitutional Right To Housing
- Joinder And Citation
- Restoration Of Possession